the owner in the car with a excluded driver
Free Insurance Quote Comparison
Secured with SHA-256 Encryption
UPDATED: May 3, 2012
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
Insurance Question from Atlanta, GA
Asked on 05/03/2012
the owner in the car with a excluded driver my vehicles was parked and hit along with a school bus and another vehicle. Come to find out the driver was a excluded driver but the owner of the vehicle was in the car with the excluded driver the insurance company saying that they cant pay for damages because he was excluded but with the owner in the car does that amount to any thing. The owner knows this person has no license but she allows him to drive all the time what can i do because my truck ins had lasped that morning but my car insurance was good i feel that i shouldnt have to pay for something that wasnt caused by me.
Answer given on May 03, 2012
When an auto insurance company has an exclusion for a driver, usually the driver and the policyowner have to sign acknowledging that they understand the person is not covered if there is an accident. This is usually accepted by the courts so if the driver was excluded then there is no insurance coverage from the other insurance company.If your insurance had lapsed, then you have no recourse to go through your insurance company to have them pay for your damages and then have them subrogate against the other driver or car owner.Your only alterntative at this time is to go to court and file a claim against the other car owner and/or the driver. You should be able to go to small claims court, depending upon the amount of damages and the limits of your state’s small claims limitations. If you can prove that the owner of the car has allowed the unlicensed driver to use the car there could be some legal issues or the police could get involved in this issue.
IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.